K
Unilateral contract
Unjust enrichment...it really isn't a contract at all
Quasi-contract (implied in law)
Damages reserved for the most egregious cases. Not available in contract cases
Punitive damages
The area around Truist park, or an unwanted harmful or offensive touching
Battery
A party can avoid (cancel) a contract if they were forced to agree due to this type of unfair pressure (such as financial or social threats)
Non-physical duress
Failing to fulfill a major requirement(s) of a contract
Material breach
You think everything is yours. Give it back or I'll sue you for this
Conversion
Elements of negligence
duty, breach, causation (2 types), actual injury
An equitable remedy that forces a party to fulfill the exact terms of the contract. This makes sense for unique goods (including real estate)
Specific performance
An intentional misrepresentation of a material fact that induces a party into an agreement
Fraud
Reducing a jury award based on the percentage of fault of the plaintiff. Most states follow this rule
Comparative negligence
Stop telling people lies about me. You are hurting my reputation
Defamation (slander)
A legal benefit or a legal detriment
Consideration
Please court...make them stop
"Legal cause" - foreseeability is the key
Proximate cause
Without these you've got no case - even if what they did was outrageous and drove you crazy
Courts don't want to hear about your negotiations when you try to add or change things to a contract. Comes into play when there is an integrated contract (i.e., it says no side deals)
Parole evidence rule
Not all contracts have to be in writing, but some do! Under this
Statute of frauds
That's not just hazardous, it is ultra-hazardous. Two is enough
Explosives, poisons, wild animals, large quantities of water
Tough patooties...you knew what you were getting yourself into
Assumption of risk